Marijuana Sales

Proposition 36 (“Prop. 36”) is a diversion program available for individuals who are trying to clean up from their addiction to drugs and to avoid jail time. What happens if the individual enters the Prop. 36 program, but the individual has a prescription for medicinal marijuana?

In People v. Beaty (No. F055868), the appellate court held that using medicinal marijuana does not by itself make someone a participant in a Prop. 36 program unamenable to treatment. In 2007, Beaty admitted to transporting and possessing methamphetamine in violation of California Health and Safety Code 11379. He was placed on Prop. 36 probation for a period of five years. Beaty was ordered to enroll in a drug treatment program.

Brian Beaty was disabled after a motorcycle accident in 1998. Beaty was prescribed the use of medical marijuana to treat the chronic pain he was suffering from. He was advised that he would not able to use marijuana, although prescribed, while on Prop. 36 probation by the Prop. 36 team that was overseeing his progress. However, Beaty’s attorney told him that his use of medical marijuana was legal, so Beaty continued to use marijuana on a daily basis for medicinal purposes.

Beaty tested positive each time he was tested. The probation department filed a petition to have Beaty’s probation revoked because he was unamenable to treatment. The probation department had two expert witnesses testify to the fact that the use of medicinal marijuana was inconsistent with the program’s goal of abstinence. Relying on the testimony of the expert witnesses, the trial court revoked Beaty’s Prop. 36 probation and sentenced him to a term of 30 days in county jail.

On appeal, the court found that the trial court impermissibly deferred a legal conclusion to the drug treatment program. The court found that medicinal use of marijuana alone is not sufficient to render an individual unamenable for treatment in the Prop. 36 drug treatment program. The court noted that recovery from addiction cannot mean that patients must refrain from the use of all narcotics. The intent of Prop. 36 is to provide treatment that will enhance public safety by reducing drug-related crime and preserving jails and prison cells for serious and violent offenders and to improve public health by reducing drug abuse and drug treatment strategies? Therefore, when the Prop. 36 participant is using a legally prescribed drug that may be inconsistent with the goal of the program, the probation department can apply a reasonable policy to the circumstances of any individual Prop. 36 defendant.

If you or a loved one have been charged with violating probation in Southern California, it is critical that you talk to an experienced criminal defense lawyer. At Wallin & Klarich, our attorneys have over 30 years of experience in successfully dealing with all types of criminal cases. Our attorneys will aggressively defend your rights and fight to get you the best possible result. Call us at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

If you or someone you know has been charged with marijuana sales under California Health and Safety Code Section 11360, it is critical that you speak with an experienced criminal defense attorney. An attorney with drug crimes experience will know how to aggressively defend the charges to obtain the best possible result.

Selling marijuana is a felony. To convict the defendant, it must be shown that the defendant sold a controlled substance, knew of its presence, knew of the substance’s nature as a controlled substance, and the controlled substance was marijuana. This is what the prosecution must prove.

An attorney can help provide you with possible defenses to a charge of marijuana sales. An attorney can submit a motion to suppress evidence if the marijuana was illegally seized. Your case may be dismissed if the judge grants this motion.

You can be sentenced to state prison for up to four years if convicted of marijuana sales. The penalties are even harsher if you sold marijuana to a minor. Selling marijuana to a minor can be punishable by imprisonment for up to seven years in state prison.

For more information, please go to www.wklaw.com and read our Marijuana Sales section. You will find invaluable information on the charges that you or a loved one may be facing, as well as the possible defenses.

At Wallin & Klarich, our attorneys have been handling drug cases for over 30 years. Our Southern California marijuana sales defense attorneys will fully defend your rights and will always keep you informed with everything going on in your case. Call Wallin & Klarich today at (888) 749-0034. We will be there when you call.